Patrizia Dibari - Lawyer

Activity Of the Legal Studies

 

Code activity: 74.11.1

Summary: 1. Formality of exercise of the profession - 2. Preparatory activity to the control - 3. Methodology of control–3.1. The access - 3.2. Elements from to consider to the goals of the control - 3.3. Search of elements near jurisdictional organs–3.4. The control of the volume of business - 3.5. The control of the expenses - 3.6. Other signs and comparisons - 3.7. Banking investigations - Check list.

1. Formality Of Exercise Of the Profession

The activity of the legal studies or the profession of " lawyer ", can have practiced is in single form that in in partnership form.

1’attivita are generally dispatched in single form, even if the actual realities underline the presence of studies associates composed by professionals with diversified specialization in the varied claws of the law (penologists, civilisti, matrimonialisti, tributaristi and, in the areas more industrialized, lawyers with specialization in commercial law); in these cases the in partnership form is chosen for furnishing great services to the customers and to reduce the general expenses of I study her/it that of done they go to have left again between the associates.

Other type of organization of the professional activity and given by the integrated studies, composed by professionals shopkeepers different activity (for instance: lawyer, advisor of the job, doctor commercialista or accountant).

Principal activity consists in the representation and in the defense of the customer and the greatest or small specialization and symptomatic of the index of professionalism reached by the lawyer.

To title of mere exemplification, certainly not exhaustive, a list of the specialistic areas is furnished:

- civilista;
- penologist;
- amministrativista;
- internationalistic;
- tributary;
- law of family;
- commercial law and societario;
- accident;
- job and foresight.

For a most complete picture of the professional activity, you/he/she can be useful to consult the R.D.L. November 27 th 1933, n. 1578, convert with modifications from the L. January 22 nd 1934, n. 36 (professional law), as well as the R.D. n. 37 of peer dated and, from last, the L. February 24 th 1997, n. 27 that you/he/she has suppressed 1’albo some legal attorneys and introduced new norms in subject of exercise of the forensic profession.

2. Preparatory activity To the Control

Between the preliminary activities from to take place in the office, particular importance dresses again the punctual reperimento of all the available data in file.

Is drawn, for the more, of activity ricognitiva turned over again toward the inside sources of knowledge - you flow is through the tributary registry or transmitted to the office from subjects or corporate body that are you kept for law - that you/they can be revealed useful for 1’inquadramento of the activity object of control.

The list of such fulfillments can be so schematized:

- acquisition of all the possible information from the file of the tributary registry through synthetic and selective interrogations. Particularly and essential to retrieve recent data on the location and on the I number some used places, through special interrogation to the terminal (area To, underground fiscal code 1.1 PF1). Of notable interest will be also the interrogation and the consultation of the remarkable actions to the goals of the tax of register, as well as of the available data to the informative system of the I.V.A., riguardanti the declarations of beginning activity and of the possible variations (art. 35 of the D.P.R. n. 633/1972);

- acquisition of the last available declaration, is to the goals of the taxes on the incomes that of the I.V.A.;

- consultation of the fiscal precedents: you check already effected to whatever title, inclusion in selective lists of preceding years, observation of the course of the declared income as less in the preceding triennio to the annuity object of control;

- acquisition of possible mod elements. 11-his;

- reperimento of the elements of check however in possession of the office, acquired through accidentally also non institutional sources (for instance news of press).

Is go appraised in all their importance the elements indexes of it persuades contributiva, what the possession of auto, boats, secondary residences, expenses that however they denote an elevated way of life of the professional and his/her family nucleus. Such indexes will have examined attentively, referable ancorché to the professional for mediate person, physics or juridical.

To such elegant, besides the rightful controls from to take place to mean of the tributary registry, will need to draw to sources diversified on the territory (for instance circles, club, associations which the professional has eventually affiliated).

In this phase it will be enough the acquisition of the useful elements to compose a picture how much more possible suit around the potential profitability of the professional in terms persuades of expense and of consumption.

For the possible direct use of the quoted elements of it persuades contributiva see how much infra been turned back sub 3.6.

You/he/she can be useful conoscenza' of the rules that discipline 1’ordinamento some profession to take.

For the determination of the honoraria, indemnity and expenses spettanti to the professional is necessary to recall the professional rate disciplined by the decree of the Office of grace and justice of October 5 th 1994 n. 585 (rule recante 1’approvazione of the deliberation of the forensic national Suggestion in date June 12 th 1993).

To guarantee great proficuità to the activity of control will be necessary, for the officials procedenti, to acquire an informative baggage as more possible suit and articulated.

To the purpose of a better management of the activity of verification, some elements can have noticed for a plurality of professionals, rather than for a single professional, accenting so the general programmatic moment of the activity of control from the office.

Particularly it will become, there useful in the case in which is had to access banks given permanent trace of the performances or the charges where he/she remains assumed by the professional (administrative Court, Court of the accounts, Court civilian and penalty, tributary Errands), having the tendency to minimize the difficulties and the times that the reperimento of the data of time in time can involve himself/herself.

3. Methodology Of Control

3.1. The access

Treating each other of a control near the center of a professional activity, must be observed the prescriptions of which to the art. 52, paragraph 1, of the D.P.R. October 26 th 1972, n. 633, with reference to the presence in study of the professional or one delegate of his.

Under this aspect it will be opportune to program 1’accesso with formality and in such times from to let develop him/it in coincidence with the presence of the professional in I study him/it.

An access in the afternoon times, can get normally for instance a result positive jackets, usually, the times antimeridiane is used by the professional for the dispatch of practices near public offices.

You will owe, therefore, to proceed to the search of the documentation cantabile and above all extracontabile (notebooks, telephone books, correspondence, issues, blotters, et cetera), with the purpose to notice data in contrast with the bookkeeping writings.

To such purpose and profit to ask the professional, to the action of the access, where is situated 1’archivio tide and that historical, in which the trial issues are preserved, related to controversies still in to be or already dams, that will form object of analysis.

Where is opposed by the contributor the professional secret, it will have to be in demand territorially to the Proxy of the competent Republic, or to the nearest judicial Authority, the autorisation of which to the paragraph 3 of the quoted art. 52.

You underlines, to the respect, that the art. 103 of the code of penal procedure, recalled expressly by the quoted paragraph 3 of the art. 52, block only the examination of that documents that - individualized according to the formalities described by the art. 35 of the norms of realization of the code of penal procedure - they are reported to inherent relationships tightly to the fiduciary order between the defender and the customer.

It is opportune ' to do present to the part and buttocks to the judicial authority, that the checkers are kept to the secret for everything what it pertains to the data and the news acquired during the control to the senses of the artts. 66 of the D.P.R. n. 633/1972 and 68 of the D.P.R. n.600/1973, also representing the motives that make necessary the sieve of the documentation.

You will proceed, besides, to notice e/a to verify:

- the extrinsic regularity of the bookkeeping writings, whose corrected not estate could justify the obligation of denunciation penalty and the recourse to the check inductive ex art. 39, paragraph 2, of the D.P.R. September 29 th 1973, n. 600 and art. 55 of the D.P.R. October 26 th 1972, n. 633;

- the number of the real dependent and their offices, from to compare with those annotated in the book pay and register, as well as the number of the non dependent collaborators, of the associates and of the apprentices.

Particularly a careful recognition of the functions must be effected developed by all these subjects inside I study her/it. It will owe being, in substance, verified if these figures develop functions of mere support to the holder (to the holders) of I study her/it, or is able (and of this meaningful traces have been noticed, informal ancorché) to furnish a complete service of legal assistance;

- the level of automation and endowment of computer supports, with the indication of the entity of the effected investments and the acquired services (banks given, contracts of software use ); in connection the consumptions of electricity are go noticed and telephone.

If the professional is used of computer systems, him provvederà to require the data elaborated by the program of management that, for the professional studies, it foresees a file customers and, from the general menu, a press of the customers. You/they will also be acquired obviously the data presents in the hard disk of the personal computer eventually recovered.

You remembers that in the case in which the contributor doesn't allow 1’utilizzazione any fittings through personal really, the officials that proceed to the access to the senses of the art. 52, paragraph 9, of the D.P.R. n. 633/1972, have faculty to handle with own means the reading and the elaboration of the magnetic supports (diskettes, spools, et cetera) out of the places;

- the typology of the assisted clientele and the performances indeed surrenders. The kind of the clientele will depend, obviously, from the professional address followed by the avocado. Between the customers of the amministrativistis and the civilistis, for instance, a lot of firms and public corporate body can be you, while the clientele of the matrimonialistis and penologists you/he/she will primarily be constituted by private subjects.

As for the professional performances, they are able, in line of motto, to be brought back to the following typologies:

- assistance and defense ahead to the organs of jurisdiction of worth;
- assistance and defense ahead to the organs of superior jurisdiction;
- activity stragiudiziale;
- assistance and representation near the financial offices;
- proposition of recourses, appeals, memories, defenses technical avanti   s to the tributary Errands;
- arbitration charges;
- charges in organs societari;
- charges of bankruptcy administrator, liquidator, judicial commissioner;
- foreign correspondents.

For the substantial professional activity in the assistance to the customers in center of transaction of the circulation damage of vehicles with institutes assicurativi, you/they will be noticed near I study him/it, to the action of the access, the customers' data assisted to the goals of the quantificazione of the honorarium.

For every type of performances the formalities and the tempistica of the billing are go noticed attentively, having respect:

- to the possible genericità of the description in invoice of the professional performance, from to sanction for the contrast with the had the art. 21 of the D.P.R. October 26 th 1972, n. 633;

- to possible jumps in the issue of the notules in comparison to the assistance lent in the varied trial phases, that can be symptomatic of correspondent recorded not.

3.2. Elements from to consider to the goals of the control

The following information of general character can be useful to frame the presumable reality reddituale of the professional:

- age of the subject one, year of registration to the bulletin-board, date of beginning of the activity. Normally to a great seniority it corresponds a great profitability;

- possible survey of the activity from one or from both his/her parents. In such case the contributor would have to have preserved the greatest part of the preceding clientele;

- prestige of the centers, location and ampleness of the same;

- restructurings operated recently;

- title of possession of the places turned to study (ownership or location) also to the goals of the reconstruction of a figurative profitability, on which vd. Infra 3.6;

- spent sustained for professional insurances.

To the same end it will be opportune to notice the carrying out of other activities. Particularly:

- teaching, distinguishing between superior schools, university institutes, master and courses of specialization " post-degree ", private schools;

- collaboration to magazines, newspapers, encyclopedias and similar;

- position of adviser of administration in society of capitals, banks, cooperatives;

- other relationships of coordinated collaboration and continuous.

3.3. Search of elements near jurisdictional organs

Once individualized the professional specialization of the contributor, it will be proceeded to the reperimento of other useful data to the reconstruction of the volume of the professional activity near the jurisdictional organs that preserve trace of the performances of legal assistance.

The investigations, whose extension will also depend on the ray of territorial action of the professional, will be finalized to the individualization of the customers, of the complexity of the performance, of the is of the patronized cause and of the number of the interventions, as well as of the remunerations eventually liquidated.

The searches will have conducted near the following organs:

 

Court of the accounts

The organ of control has jurisdictional center in the chief towns of region. The centers are active for the judgments of responsibility from 1991, while for the judgments in subject pensionisticas are active beginning from 1993. In precedence competence was del1’unica center in Rome.

It is ' it activates a computer procedure that allows, previous nominative interrogation of the subject " defender ", to know:

- the number of the proposed recourse;
- the date in which and has put to role; - the date of carrying out of the hearing; - the device uttered from the college;
- the result of the recourse.

Once known naturally the number of repertoire assigned to the recourse, and easy to go up again to the nominative of the subject defense really through the same computer system.

The sentences of the Court don't liquidate bills to the victorious part, but only reimbursements of the expenses sustained for the judgment.

For the recourses proposed in terna of "judgments of responsibility" not you and informatizzazione and the search of the nominative of the defender you/he/she can have effected skimming through the general role.

The small number of the lawyers shopkeepers the defense in such subject, shows that the notoriety of the professional has a remarkable weight in the choice of the same one and obviously also in the liquidation of the following bill, for which will be opportune to pay the due attention to such controversies, even more if concluded with positive result for the agreement.

Other element of useful comparison and the register of publication of the sentences from which you/he/she can be noticed:

- the nominative of the subject one called in cause;
- the general number of the role from which that is noticed some defender.

 

Regional administrative court

The Tar, that has center in the chief towns of region, has jurisdiction on the provisions of the Public Administration.

From 1996 the proposed recourses have managed with an only valid computer procedure for the whole national territory. Such procedure, in use also to the Suggestion of State, it allows, through 1’imposta-zione of the nominative of the defender, to know:

- the petitioner's nominative;
- the number and the year of the recourse (NRG);
- the object of the recourse (ORC);
- the type of issued provision (adjournment sentence of worth: DES);
- the section giudicante (NSE);
- the number of the sentence (NER).

In conclusion, for every lawyer the general number of the proposed recourses and those can be known for which and intervened decision.

The data are reported to the recourses proposed in 1996 and to the sentences pronounced during the same year for which the issues have also been reconstructed with 1’aggiunta of the recourses proposed anteriorly.

For the definite recourses anteriorly to such dates every search and type manual and you/he/she can be operated only through the bare material some actions.

 

Tributary errands

From 1991 the general and kept role using computer procedures, only for all the. Tributary errands.

Said procedures of automation of the activities of the reception offices of the provincial and regional Errands they allow of to get information in order to the defenders of the contributors that have proposed recourse or appeal. The procedure of interrogation on the last name of the defender furnishes 1’elenco of the recourses or of the present appeals in file.

It is possible ' to retrieve following information:

- number of the general register;
- proponent;
- Provincial errand of origin (or office that has uttered the action for the provincial Errands);
- gives identificativi of the defender.

You/he/she must be kept in mind that every Errand can furnish the data of own competence and that 1’ac-quisizione to the system of all the elements of the issue happen only before the discussion, while to the action of the registration the general data are acquired (action, number of the parts, the defenders' number, et cetera) and the data of the first appellante.

He/she is remembered that and always possible to ask the informative Center the data above quoted with reference to all the organs of tributary jurisdiction present on the national territory. Such formality can reveal useful in the case is had to operate a selection of the subjects from to submit to the control, or when the control in progress respects a professional that manages his/her own activity in the different zones.

 

Judicial offices

For how much it concerns the other judicial offices, the characterization of the assisted subjects and of the other useful elements to the reconstruction of the professional remunerations can have conducted through 1’esame some followings registers, separate according to the professional specialization, where and possible to notice the nominative of the defender:

 

Penalty

- general register of the penal business, kept near the Pretures, the Courts and the Courts of appeal, where the extreme identificativis of the accused and the head of charge are annotated;

- register of the hearings dibattimentali (role of the hearings);

- register of the hearings of the Chamber of suggestion;

- register of the Chambers of kept suggestion near 1’ufficio of the Gip., from which and rilevabile the defender's nominative relatively to the procedures camerali and to the validations of the arrests;

- general register of reception office held by the Proxies near the Courts and near the Pretures.

You/he/she can be useful to examine, near the nearest houses circondariali, the register of the interviews with the prisoners, individualizing those in which you/he/she has participated the professional.

 

Civil

- general register of the civil business, kept is near the Pretura that I press the Courts and the Courts of appeal. The search can be more usefully addressed, according to the specialization of the professional, near the sections that are occupied in prevalence of a type of trial circumstance (for instance, causes of separation, bankruptcy procedures) where and more probable to retrieve the name of the defender;

- general register of the civil business, kept near the Courts of appeal;

- register of the civil sections of the Court of Cassation that treats the matrimonial subject.

You/he/she can be besides viewed, near 1’Ufficio of the Unique Executive of the executions and the notifiches, the chronological register, to the purpose to enucleate the issued ordinances during procedures of separation and d!, divorce whose notifies and often asked directly by the legal one.

Equally useful you/he/she can reveal him/it bare of the minutes of conciliation preserved near the Chancellery of the Court.

 

Job

- register general section I work kept near the Pretura, is under papery form that mechanized, from which and rilevabile the nominative of the defender of the part actress.

Also in such case it will be useful to view, near 1’ufficio only of the executions and of the notifiches, the chronological register, from which and possible to enucleate the nominatives of the legal that have required the notification of actions in the interest of theirs assisted.

If from the registers the nominative of the professional doesn't notice each other, it is necessary to proceed some sentences that are picked up in monthly volumes near the office execution business civilians and penalties to the bare one.

In lack of files informatizzati and whereas the job is not easy however of bare, and opportune, for a great proficuità of the control, that the data near the offices and the judicial organs are acquired in the phase of planning of the verifications for a plurality of subject aventis the same professional specialization.

Within the activity of intelligence it is also suggested of to notice, from the local and national press as well as from that specialized, information, also related to facts of chronicle, that can concern the professional activity of the lawyers with the purpose to build a baggage of elements from to make of the checkers available.

3.4. The control of the volume of business

Acquired the elements of comparison it will be proceeded to the individualization of the:

- bewitched not performances,

- invoiced performances for incongruous amounts, through the I compare between the professional charges received by the contributor and the issued bills.

The individualization of the dispatched charges can happen, others that on the base of the news drawn near the judicial offices, also through the examination:

- of the documentation extracontabile and of the other documentation acquired to the action of the access;

- of the issues related to the customers;

- of the cards or of the file customers through a careful recognition of the data brought on the recovered magnetic supports and on the hard-disk of the personal existing computer in I study him/it.

In presence of active invoices with causal generic in violation of the art. 21 of the D.P.R. n. 633/1972 can result particularly difficult the reconstruction of the made performances and the control of the congruity of the proceedses; in such cases it is necessary to proceed to the individualization of the professional performances through the acquired documentation, the answers to the questionnaires eventually sent to the customers and in contradictory with the part.

The determination of the proceedses, if has not been possible to know the effective boxed remuneration, you/he/she can be performed on the escort than agreed upon for similar professional performances, or resorting to the rate forensic vigente, applying for every voice the average between the least one and the maximum one of the anticipated honorarium or the maximum one, if justified from the prestige and of the notoriety of the professional.

Song is held, also, that it is necessary to distinguish between defenses of trust and defenses of office in penal subject; these last, that not always damage place to the payment of honoraria in favor of the lawyer, you/they can frequently change in defense of trust.

For how much it concerns the transactions with the companies of insurances for the damages caused by the circulation of the autoveicolis, keeps each other in mind that the damaged one releases to the professional an ample proxy, that goes from the transaction to the signature of the receipt of liquidation of the left one. For this, when the agreement are reached, the cheque are released by the company to the lawyer that, after having held back his/her own remuneration, it puts again to the damaged one difference.

These remunerations have often established from the lawyer in discretionary way and they sometimes arrive up to 50% of the amount liquidated for the left one. From the moment that the insurances they don't distinguish the reimbursement from the honorarium recognized to the legal one, you/he/she can be gone up again to the strength remuneration corresponded to the professional only from the difference between the value liquidated by the company and that indeed boxed by the damaged one.

In the judicial center, with the event of the judges of peace, the circumstances have assumed a clearest contour. In fact in the sentences 1’importo are distinguished destined to satisfy the damaged by that destined to the professional.

You/he/she can be appraised 1’opportunita to send questionnaires to the customers, to which will be in demand:

- gives and type of enjoyed performances;

- gives and formality of the payment of the honorarium (banking check, cash, et cetera).

A tall degree of reticence of the customers often records you in the answers to the questionnaire and a certain reluctance to deny the results document them. The questionnaire is revealed nevertheless effective when and used towards the customers of the lawyers matrimonialisti that they report exactly more easily the economic terms of the relationship entertained with the professionals.

The perceived remunerations can be classified on the base of the origin from:

- firms (individual, society, corporate body, et cetera);
- professionals;
- private.

Departing from the line of the declaration that brings the retentions of advance suffered, the remunerations can be calculated perceived by enterprises dividend the themselves retentions for 0.19. From the difference between the global remunerations and those subdued to retention, you/he/she can be drawn 1’entita of the performances effected towards private and of other professionals.

Within the declared remunerations you/he/she can distinguish then between: those referable to performances of real consultation, those withdrawn by charges dressed again in the administrative organs or of control of society or corporate body and those fruit of functions turns for song of public offices.

The decomposition for united homogeneous you/he/she can offer key profits of reading to the checker.

He often ascertains, in fact, that the bookkeeping data are coherent, but as many often the coherence and solo in the sales of end exercise. If the data are decomposed and elaborate in different manner, in comparison to the demands of the declaration, you/they can sometimes constitute the spy of substantial irregularity.

For instance you/he/she can sufficiently appear, congruous the income of liras 150 thousand declared by a lawyer with study of ownership in a zone semicentrale of an average city, organically structured, with three or four persons between collaborators and employees, endowed with a good level of automation, that exposes in his/her own Model 740/E, a volume of business of liras 400 thousand and costs for liras 250 thousand.

If however, following the decomposition of the remunerations, it results that the proceedses derivanti from the functions (of pure I bring intellectual) of adviser of administration, of bankruptcy administrator, from collaborations to newspapers and magazines, et cetera, they amount to liras 135 thousand, it will be a little believable that an enough complex administrative structure has maintained in operation to achieve 15 thousand income only.

The simple location of the places turned to study would allow the contributor probably to get, without effort, a great income.

In such case, in the conceitedness that a part of the proceedses proper of I study her/it has been subtracted to taxation, the relationships go attentively observe above all with the clientele interested not in the release of the invoice (private not shopkeepers activity of enterprise or autonomous job).

If the contributor misses giustifichi her issue of the invoice with the free one of the performance or with delays in the perception of the honorarium, is had to proceed to the verbalizzazione of the motives for the missed payment and the verification than affirmed through cross controls.

The free one of the performances can be considered likely towards relatives or of you connect - friends.

If the professional sustains the missed payment of the honorarium from the customer, you/he/she can be found near the Suggestion of the order if bills have been introduced for the to seem or seen of necessary congruity with the purpose to ask the decree ingiuntivo. The possible negative comparison can be considered, although than for if not conclusive, an element of test of hiding of remunerations.

3.5. The control of the expenses

The analysis of the expenses will have to stamp to the evaluation of their entity in relationship to the nature of the achieved remunerations.

Congruity will be, therefore, valued in connection to the proceedses that derive from the performances typical of a legal study and not also in comparison to those scaturentis from charges, docenze, collaborations, that don't require the support of an organized structure.

The in operation varying costs of the volume of business are go appraised, what:

- acquisitions of computer;
- programs of computer management (management of I study her/it, forms, codes);
- telephone uses, fax, modem, et cetera;
- other expenses as paper, chancellery;
- spent of insurance for professional risks.

Unjustified incongruities of the expenses in comparison to the declared remunerations, can constitute the sign of omitted billings of professional proceedses,

Let's keep particularly each other, in mind that the paid prizes for professional insurances, expected that the relative cost increases notably in operation of the insured capital, they go attentively valued above all if they don't appear congruous in comparison to the volume of business achieved in the verified year and in that precedent.

3.6. Other signs and comparisons

A last series of signs can be considered to the elegant solo to appraise the reliability of the declaration or the least congruity than verified with the elements in precedence described.

The analysis of the collecting annotated on the register of the financial movements and the comparison of an amount of the same modest - stante needs her/it to face the ordinary expenses however - you/he/she could confirm the existence of remunerations subtracted to the imposition.

Another element can be constituted by the affiliation to sporting circles and not, as well as from demonstrations of it persuades contributiva (possession of auto of tall capacity, of boats, acquisitions of immovable properties, et cetera) particularly sharp with the amount of the declared income.

In such case, above all if has not been possible to effect a convincing reconstruction of the volume of business you/he/she can be proceeded, is pure to the thin solos of the direct imposition, to the synthetic check of the general income according to the procedure of which to the art. 38, paragraph 4, of the D.P.R. n. 600/1973, towards the professional the associates' e/a.

It is necessary to hold song, finally, that the declared income would never owe to place (quantomeno in recurrent way) to the of under of that figurative constituted by the sum:

- of the obtainable proceedses from an alternative employment of the capital invested in the professional activity (you furnish, equipments, et cetera);

- of the figurative rent of the places (if is of ownership) where the professional develops activity;

- of the achievable salary from an activity of dependent job in the same sector.

Such least income, for instance for a professional with local of ownership of 100 mqs. sets in the central zone and turned to study, equipments and you furnish some value of liras 80 thousand, you/he/she could be so calculated:

Liras 12 thousand (dense figurative) + 7% of liras 80 thousand + liras 36 thousand (gross figurative salary of an employee of middle level) = liras 53.600.000.

3.7. The banking investigations

The innovations introduced with the law n. 549/1995 allow of to graduate the investigations according to principles of inexpensiveness and proficuità of the action of control. I/you/they am therefore delineabili diversified runs of investigation.

 

Required /artt to the contributor. 32, paragraph 1, n. 6-bis), of the D.P.R. n. 600/1973 and 51, paragraph 2, n. 6-bis), of the D.P.R. n. 633/1972 '

In the generality of the cases it will have to be in demand to the contributor, previous authorization, the declaration of the nature, of the number and of the extreme identificativis of the relationships entertained with firms of credit, with the postal administration, with fiduciary society and every other financial middleman.

If the contributor doesn't exhibit the copy of the accounts spontaneously from himself denounced, you/he/she will proceed each other to their application to the signalled financial operators.

 

Application of the copies of the accounts to the institutes of credit and financial /artts. 32, paragraph 1, n. 7), of the D.P.R. n. 600/1973 and 51, paragraph 2, n. 7), of the D.P.R. n. 633/1 972 Js

The control doesn't have to confine to the examination of the declared accounts necessarily, rather, at least in the cases of great suspect of escape, you/he/she can be opportune to extend him/it, through direct applications, to other financial middlemen.

The extension of the investigation and particularly advisable if signs of a meaningful discrepancy remain between the volume of business and the incomes verified with the methodology in described precedence and how much rightly attributable to the contributor on the base of the activitities exercise conditions, of his/her potential persuades reddituale, of the consistence of his/her patrimony or dj other elements of evaluation.

The amplification of the control appears equally opportune if:

- the professional secret has been opposed or has been however hindered 1’azione of the checkers;

- the violations and the ascertain bookkeeping omissions are so serious, and the data to disposition for 1’accertamento so scarce, from to make difficult the reconstruction of him rateable fiscal.

The investigations will owe to have conducted however second you select detective options that tightens the forbice cost-benefits of the action of check (banks that have counters where in the city the contributor and his family more narrow operate, in the adjoining provinces, in the place of birth, in the place where it possesses secondary residences or however where is supposed the existent of accounts).

The investigation can also involve other subjects (family and not) motivatedly suspected of to be intestatari of comfort of referable accounts to the contributor or of which the same one has availability.

 


Go to home page Home Page

 

To contact us: Dr. De Marco & Lawyer Dibari
street Andrea Da Bari,27-70122-BARI-Italy- (Tel +39 080 5230281 Fax +39 080 5727093)


Last updating: May 17 th 1999 by Dr.Stasolla Maurizio